Leung unlikely to win, say experts
Academic says Leung could sue Lew Mon-hung and not the Economic Journal, while journalists want him to withdraw his letter
Chief Executive Leung Chun-ying is unlikely to win any defamation lawsuit if he decides to take the Hong Kong Economic Journal to court over a recent commentary that linked him to triads, legal experts say.
Leung has sent a lawyer's letter to the Chinese-language newspaper regarding the commentary by influential political columnist Joseph Lian Yi-zheng, published on January 29. In the article, Lian mentioned Leung's possible links to triad society.
The Hong Kong Journalists Association has demanded Leung withdraw the letter. Eric Cheung Tat-ming, assistant professor of the University of Hong Kong's faculty of law, said: "The legal arguments would be weak if Leung sued the paper for defamation over the commentary, which was based on Lew Mon-hung's remarks. If Leung thinks Lew said something untrue, he could sue Lew instead."
Lian mentioned comments Lew made last month to Hong Kong-based magazine iSun Affairs, in which Lew accused the chief executive of lying about illegal structures at his home. Lew said he himself had engaged in certain activities on Leung's behalf that bolstered his support.
Lian said that if what Lew last claimed was true, it could be deduced that triads elements were involved.
Cheung said deductions could be considered fair comment, a viable defence against defamation. "Lian wrote fairly in the commentary, saying people could have doubts over what Lew alleged, until more facts came to light."